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Illinois court on whether gas
company had notice of gas leak
5/26/2010
In Turner v. Illinois Gas Company, No. 2-08-0878, the plaintis brought suit
after they were seriously injured when their rental home was destroyed by a
natural gas explosion. The plaintis alleged that the defendant was liable for
their injuries due to its negligent failure to inspect the gas piping in their home
and warn them of any dangers posed by the defective condition of the pipes.
The plaintis had never noticed or complained of a dangerous condition, but
asserted that the defendant had constructive notice of the problem due to a
service call made 17 months prior to the explosion.
The defendant brought a motion for summary judgment on the grounds that
it owed the plaintis no duty to inspect for a defect or warn the plaintis of a
defect.
The court rst addressed the defendants duty of care–that it owed a duty of
care while the gas was under its control, but that duty was limited to when
the gas was in the company’s own pipes, not the consumer’s pipes or ttings.
However, the court also acknowledged an exception to that general rule:
“ ‘Where it appears that a gas company has knowledge that gas is escaping
in a building occupied by one of its consumers, it becomes the duty of the
gas company to shut o the gas supply until the necessary repairs have
been made although the defective pipe or apparatus does not belong to the
company and is not in its charge or custody.’ “ Adams, 211 Ill.2d at 48, 284 Ill.
Dec. 302, 809 N.E.2d 1248, quoting Clare, 356 Ill. at 243-44, 190 N.E. 278.
The plaintis conceded that the defendant had no actual notice of the defect,
but argued that the defendant had constructive notice of the defective pipe.
The Second District Appellate Court of Illinois rejected their argument, holding
that the defendant was not liable for their injuries:
Defendant had neither actual nor constructive knowledge of the defect. Dray,
defendant’s technician, visited the residence only once, 17 months before
the explosion, and he entered the basement only to relight the pilot lights.
Jarl built the residence, Warren Plumbing Company installed the gas piping,
